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NY N006249




March 1, 2007

CLA-2-42:RR:NC:N3:341

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031; 4202.92.4500

Donald K. Dudley
Phoenix International Freight Services, Ltd. 2655 Fortune Circle West, Suite D
Indianapolis, IN 46241

RE: The tariff classification of toiletry bags from China

Dear Mr. Dudley:

In your letter dated January 31, 2007, you requested a classification ruling on behalf of Gilchrist & Soames, LLC of Indianapolis, IN.

Items 002N000, 002N002, and BGCCLEARZIP are toiletry bags. The bags are constructed of clear polyvinylchloride (PVC) plastic sheeting. Each has a top zipper closure. The interior of each bag is unlined with no additional features. The toiletry bags are designed to hold small personal effects and toiletries during travel. The front of each bag is printed with the words “Gilchrist & Soames”. You have indicated that the toiletry bags will be imported empty. This office is retaining the submitted bags as official samples.

The applicable subheading for the toiletry bags will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of plastic sheeting, other. The duty rate will be 20 percent ad valorem.

Item 200N000 is a trifold toiletry travel bag designed to hold personal effects and toiletries during travel. The outer surface of the bag is composed of 100% man-made textile material. The bag measures approximately 18” (L) X 8” (W) and features a magnetic closure and unfolds to reveal two clear plastic pockets and one mesh pocket with zippered closures. The sample is being returned.

The applicable subheading for the trifold toiletry bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 17.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

HTSUS 4202.92.3031 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

Your inquiry does not provide enough information for us to give a classification ruling on the item you referred to as item number 200N001. Your request for a classification ruling should include the fiber content of the fabric with which it is constructed. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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